When a Loved One Passes Away - Steps to Take Even If You Think There Is No "Probate" Estate

When a Loved One Passes Away - Steps to Take Even If You Think There Is No "Probate" Estate

December 18, 2006

The passing of a parent, spouse, partner or good friend is never easy to address or contemplate. In addition to the physical and emotional loss, the mere thought of navigating through the legal system is frequently overwhelming.

Generally speaking, if your loved one passes away and clearly has significant assets in his or her own name, i.e. stocks, bonds or other securities; partnership business assets; bank accounts; real estate and other assets, it is helpful to engage the counsel and assistance of an experienced estate administration attorney to provide guidance and help through the complex probate process.

Even if there is not a formal probate, certain steps should be taken. Some of them include:

Checking for abandoned property

Filing the Will with the appropriate court

Changing title to jointly owned assets

Contemplating whether Estate Tax Returns are due

One of the first things you should address is whether your loved one left a valid Last Will and Testament. When this happens, he or she is said to have died, "testate," and where no Will is found or properly executed, (signed), then the decedent is said to have died, "intestate."

If you think that a Will was properly signed by your loved one, but you can’t locate the original document, ...

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.